CURRENT ASPECTS OF THE PRELIMINARY AGREEMENT CONCLUDED IN THE FIELD OF TECHNOLOGY TRANSFER

Abstract

The article is devoted to highlighting the current aspects of preliminary agreements concluded in the field of technology transfer, taking into account the accumulated international experience in this area. It is noted that preliminary agreements are used in various fields, not only in regulating relations related to the conclusion of contracts for the alienation of immovable or movable property, unfinished construction objects, the provision of services, or the performance of works. The preliminary agreement is considered as a legal instrument that ensures the proper organization of relations between the parties to the contractual process at the preparatory stage of concluding main agreements, particularly in the field of technology transfer and intellectual property. It is determined that preliminary agreements have significant practical importance in international activities, where they function either independently or in the form of memorandums of understanding, letters (protocols) of intent, or confidentiality agreements. Within their framework, the parties agree on essential conditions for further cooperation, including the protection of confidential information, determination of liability for its disclosure, and the procedure for cost compensation. At the same time, in Ukraine, such documents do not have binding legal force unless they contain an explicit expression of the parties’ will to grant them the status of a preliminary agreement. Nevertheless, their use is advisable during negotiations, as they help define the principles of future cooperation, reduce the risks of disclosing technical or commercial information, and create prerequisites for the effective conclusion of main contracts. It is emphasized that the conclusion of preliminary agreements in the field of intellectual property and technology transfer will contribute to improving the legal mechanism for regulating innovation activities, unprotected patentable solutions, know-how, technical documentation, and confidential information. This approach will enhance legal certainty in the interaction between research institutions, universities, state and non-state structures, and enterprises.